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~~9-- ~~~~~~a~ ~,~ <br />l.tndtr's written agreement or applicable taw. Borrower shall pay the amoutnt of all mangage insurances premiurns ire the <br />manner gtovided under paragraph 2 hereof. <br />Any amounts disbursed by Lender pursuant io this paragraph 7. with interest thereon, shad become addition23 <br />indebtedness of Borrower secured by this Mortgage. Unless Borrower and Lender agree to other terms of payment, such <br />amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shat] bear interest from the <br />date of disbursement at the rate payable from time to titre on outstanding principal under the Note unless payment of <br />interest at such rate would be contrary to applicable taw, in which event such amounts shall bear interest at the highest rate <br />permissible under applicable law. Nothing contained in this paragraph 7 shalt require Lender to incur any expense or take <br />any action hereunder. <br />8. TaspecSon. Lender may make or cause to n. made reasonable entries upon and inspections of the Property. provided <br />that Lender shall give Borrower notice prior to a: ', such inspection specifying reasonable cause therefor related to Lender's <br />interest in the Property. <br />9. Coodemnatlan. The proceeds of any award or claim for damages. direct or consequential. in connection with any <br />condemnation, or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are herehy assigned <br />and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Mortgage. <br />with the excess, if any. paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender <br />otherw4se agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds <br />as is equal to that proportion which the amounf of the sums secured by [his Mortgage immediately prior to the date of <br />taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is <br />mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the <br />Property or to the sums secured by this hfortgage. <br />~?nless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shalt not extend <br />or postpone the due date of the monthly installments referred to in paragraphs t and 2 hereof or change the amount of <br />such installments. <br />10. Borrower Not Released. Extension of the time far payment or modification i,f amortization of the sums secured <br />by this Mortgage granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, <br />the liabilety of the original Burrower and Borrower's successors in interest. Lender shall rot be required to commence <br />proveedings agains! such successor ar refuse to extend time far payment or otherwise medity amortization of the sums <br />secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors in interest. <br />11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or <br />otherwise afforded by applicable law, shall net be a waiver of or preclude the exercise of any such right or remedy. <br />The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's <br />right to accelerate the maturity of the indebtedness secured by this Mortgage. <br />12. Remedies Camaiative. A11 remedies provided in this Mortgage are distinct and cumulative to any other right or <br />remedy under this Mortgage or afforded by law or equity. and may be exercised concurrently, independently or successively. <br />13. Successors and Assigns Bound; Joint and Seveeal Liability; CapOOns. The covenants and agreements herein <br />contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, <br />subject to the provisions of paragraph 17 hereof. Ali covenants and agreements of Borrower shall be joint and several. <br />The captions and headings of the paragraphs of this Mortgage are for convenience cnly and are not to be used to <br />interpret or define the provisions hereof. <br />14. Notice. Except for any nonce required under applicable law to be given in another manner. (a) any notice to <br />Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at <br />the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and <br />(b) any notice to Lender shall be given by certified mail, return receipt requested, to Lenders address stated herein or to <br />retch ether address as Lender may designate by notice to Borrawer as provided herein. Any natice provided for in this <br />Mortgage shall be deemed to have been given to Borrower or i.ender when given in the manner designated herein. <br />15. Uniform Mortgage; Governing Law; Severability. This form of mortgage combines uniform covenants for national <br />use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering <br />real property. This Mortgage shalt be governed by the law of the jurisdiction "tn which the Property Is (pealed. In the <br />event that any provision or clause of this Mortgage or the Nate conflicts with applicable law, such conflict shall not affect <br />ether provisions of this Mortgage or the Nete which can be given effect without the conflicting prevision, and to this <br />end the previsions of the Mortgage and the Nate are declared io be severahle. <br />16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Nate and of this Mortgage at the time <br />of execution or after recordation hereof. <br />17. Transfer of the Property; A~umption. If all or any part of the Property or an interest therein is sold or transferred <br />by Borrower without Lender's prior written consent, excluding (al the creation of a lien or encumbrance subordinate to <br />this Mortgage, (b) the creaeion of a purchase money security interest for household appliances, (c) a transfer by devise, <br />descent or by operation of law upon the death of a joint tenant or (dl the grant of any leasehold interest of thre years or less <br />not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Mortgage to be <br />immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer. Lender <br />and the person to whom the Property is to be sold or transferred mach agreement in writing that the credit of such person <br />is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender <br />shall request. If Lender has waived the option to accelerate pravided in this paragraph 17, and if Borrower's successor in <br />interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Harrower from all <br />obligations under this Mortgage and the Note. <br />if Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with <br />paragraph 14 hereof. Such notice shall provide a penal of net has than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, <br />Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. <br />Nox-Uwt=oats Covr:rtertTS. Borrower and Lender further covenant and agree as fellows: <br />18. Acceferatioa; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of nay covenant or <br />aEreertrent of Borrower In this Mortgage, including the covenants to pay when Jut any sums secured by this Mortgage, <br />Leader prior to acceleratlott shag maB notice to Borrower as provided in paragraph 14 hereof specityirrg: (1) the breach; <br />(2) the action reryolred to cure each breach; (3) a date, not Itra than 30 days from the date the rrolice ~ mailed to Borrower, <br />by which mch br~ch mast 6e cared; end (4) that [aBun to cure such breach on or before the date specified in the rrotke <br />may result in acceleration of the sutra sectved by this Mortgage, foreclosure by judicial proceeding noel sale of the Property. <br />The notkt ahatl ferthtr inform Borrower of the right to reinstate after acceleration and the right to assert in the forecbsttn <br />proceeding the ttan-exlsteuce of s default or any other dtfeose of Borrowee to aeceleraNan and foreclosure. if the breach <br />is not cured on or before the date specNied in the notice, Lendtr at Lender's optbn may declare all of the sums secured by <br />thin Mortga=t to be immediately due sad payable without Further demand sad may foreclose by judicial proeeedi~. Lender <br />shall be a;ntkkd to collect in such proeeediag sB expertsey of foreclosure, Incladhrg, but not limbed to, cash of documentary <br />evidtacq abrtrac6 end title reports. <br />14. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage, <br />Borrower shall have the right to have any pra,:edings begun by Lender to enforce this Mortgage discontinued at any lime <br />